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STATE EX REL. WOODS v. THROWER

4 Div. 60.

131 So.2d 420 (1961)

STATE of Alabama ex rel. Charles WOODS v. James T. THROWER.

Supreme Court of Alabama.

Rehearing Denied June 22, 1961.

Attorney(s) appearing for the Case

Lee & McInish, Dothan, for appellant.

W. G. Hardwick and Wm. G. Hause, Dothan, for appellee.

SIMPSON, Justice.

This is a proceeding in the nature of quo warranto brought by appellant against appellee to test the right of appellee to hold the incumbent office of Commissioner of the City of Dothan.

The facts giving rise to the litigation are: Appellee was a duly qualified elector of Dothan on September 21, 1959 and on said date was duly elected as a member of the Board of Commissioners of the City of Dothan for a term of two years; on October 5 next...

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